4

Question 1

What is the penalty for an AION?

Answer 1

$250

Question 2

Section 169(2)(b) of the Local Government Act gives Police the power to…

Answer 2

Answer:
A constable may (without warrant) seize and remove any alcohol (and its container) that is in a
restricted place in breach of an alcohol ban

Question 3

Before you can search a container or vehicle under S170 Local Government Act 2002, what must you do?

and what is the exception to this?

Answer 3

You must

• Inform the person in possession of the container or vehicle that they have the opportunity of removing the container or the vehicle from the public place and
• Provide the person reasonable opportunity to remove the container or vehicle from the public place

The exception is

• You may immediately and without further notice search a container or a vehicle if the territory local authority have:
• Specified in the public place (by public notice 14 days in advance) where and when police are authorised to search

Question 4

Liquor Ban
When alcohol related harm or antisocial behaviour may be either existing or anticipated

What factors may an officer use to make a judgement? (4)

Can these same factors be sufficient for arrest?

Answer 4

Answer:

• Existence of disorder, violence, antisocial hotspot
• Behaviour observed giving cause for concern about the probability of disorder and or violence
• Evidence of intoxication in a public place, and behaviour related complaints from members of the public
• The presence of a gathering of individuals that in assessment of the attending officers is likely to result in antisocial behaviour associated to alcohol consumption

Answer:
Yes, this is the last option and should be used after other options have been considered and discarded

Question 5

What are the factors when deciding to close a liquor licensed premises?

What factors should be taken into account with the duration of the closure?

Answer 5

Answer:
- Weight of evidence
- Previous Police interactions
- Likelihood of escalating violence
- Duration of closure

Answer:
- When ORDER is likely restored
- CLOSURE sufficient to address public nuisance concerns
- the IMPACT on the licensee